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S.L. 2007-105 Session Laws - 2007
106
(3) Either the district attorney or the county board of education may object
to the motion by filing a written objection in the office of the clerk and
serving a copy on the moving party.
(4) If neither the district attorney nor the board of education has filed a
written objection to the motion by the tenth day after the motion is
served, the clerk shall enter an order setting aside the forfeiture.
(5) If either the district attorney or the county board of education files a
written objection to the motion, then not more than 30 days after the
objection is filed a hearing on the motion and objection shall be held in
the county, in the trial division in which the defendant was bonded to
appear.
(6) If at the hearing the court allows the motion, the court shall enter an
order setting aside the forfeiture.
(7) If at the hearing the court does not enter an order setting aside the
forfeiture, the forfeiture shall become a final judgment of forfeiture on
the later of:
a. The date of the hearing.
b. The date of final judgment specified in G.S. 15A-544.6.
(8) If at the hearing the court determines that the documentation required
to be attached pursuant to subdivision (1) of this subsection is
fraudulent or was not attached to the motion at the time the motion was
filed, the court may order monetary sanctions against the surety filing
the motion, unless the court also finds that the failure to attach the
required documentation was unintentional. This subdivision shall not
limit the criminal prosecution of any individual involved in the
creation or filing of any fraudulent documentation.
(e) Only One Motion Per Forfeiture. – No more than one motion to set aside a
specific forfeiture may be considered by the court.
(f) No More Than Two Forfeitures May Be Set Aside Per Case. – In any case in
which the State proves that the surety or the bail agent had notice or actual knowledge,
before executing a bail bond, that the defendant had already failed to appear on two or
more prior occasions, no forfeiture of that bond may be set aside for any reason.
(g) No Final Judgment After Forfeiture Is Set Aside. – If a forfeiture is set aside
under this section, the forfeiture shall not thereafter ever become a final judgment of
forfeiture or be enforced or reported to the Department of Insurance.
(h) Appeal. – An order on a motion to set aside a forfeiture is a final order or
judgment of the trial court for purposes of appeal. Appeal is the same as provided for
appeals in civil actions. When notice of appeal is properly filed, the court may stay the
effectiveness of the order on any conditions the court considers appropriate."
SECTION 2. G.S. 15A-544.3(b)(9) reads as rewritten:
"(b) The forfeiture shall contain the following information:
…
(9) The following notice: "TO THE DEFENDANT AND EACH
SURETY NAMED ABOVE: The defendant named above has failed to
appear as required before the court in the case identified above. A
forfeiture for the amount of the bail bond shown above was entered in
favor of the State against the defendant and each surety named above
on the date of forfeiture shown above. This forfeiture will be set aside
if, on or before the final judgment date shown above, satisfactory

S.L. 2007-105 Session Laws - 2007
106
(3) Either the district attorney or the county board of education may object
to the motion by filing a written objection in the office of the clerk and
serving a copy on the moving party.
(4) If neither the district attorney nor the board of education has filed a
written objection to the motion by the tenth day after the motion is
served, the clerk shall enter an order setting aside the forfeiture.
(5) If either the district attorney or the county board of education files a
written objection to the motion, then not more than 30 days after the
objection is filed a hearing on the motion and objection shall be held in
the county, in the trial division in which the defendant was bonded to
appear.
(6) If at the hearing the court allows the motion, the court shall enter an
order setting aside the forfeiture.
(7) If at the hearing the court does not enter an order setting aside the
forfeiture, the forfeiture shall become a final judgment of forfeiture on
the later of:
a. The date of the hearing.
b. The date of final judgment specified in G.S. 15A-544.6.
(8) If at the hearing the court determines that the documentation required
to be attached pursuant to subdivision (1) of this subsection is
fraudulent or was not attached to the motion at the time the motion was
filed, the court may order monetary sanctions against the surety filing
the motion, unless the court also finds that the failure to attach the
required documentation was unintentional. This subdivision shall not
limit the criminal prosecution of any individual involved in the
creation or filing of any fraudulent documentation.
(e) Only One Motion Per Forfeiture. – No more than one motion to set aside a
specific forfeiture may be considered by the court.
(f) No More Than Two Forfeitures May Be Set Aside Per Case. – In any case in
which the State proves that the surety or the bail agent had notice or actual knowledge,
before executing a bail bond, that the defendant had already failed to appear on two or
more prior occasions, no forfeiture of that bond may be set aside for any reason.
(g) No Final Judgment After Forfeiture Is Set Aside. – If a forfeiture is set aside
under this section, the forfeiture shall not thereafter ever become a final judgment of
forfeiture or be enforced or reported to the Department of Insurance.
(h) Appeal. – An order on a motion to set aside a forfeiture is a final order or
judgment of the trial court for purposes of appeal. Appeal is the same as provided for
appeals in civil actions. When notice of appeal is properly filed, the court may stay the
effectiveness of the order on any conditions the court considers appropriate."
SECTION 2. G.S. 15A-544.3(b)(9) reads as rewritten:
"(b) The forfeiture shall contain the following information:
…
(9) The following notice: "TO THE DEFENDANT AND EACH
SURETY NAMED ABOVE: The defendant named above has failed to
appear as required before the court in the case identified above. A
forfeiture for the amount of the bail bond shown above was entered in
favor of the State against the defendant and each surety named above
on the date of forfeiture shown above. This forfeiture will be set aside
if, on or before the final judgment date shown above, satisfactory